“ On the part of the maternal cousins it is contended that the provisions in the original agreement relating to the allotment and distribution of the tribal lands and funds were in the nature of a grant in proesenti, and invested every living member of the tribe and the heirs, designated in the tribal laws, of every member who had died after April 1, 1899, with an absolute right to an allotment of lands and a distributive share of the funds, and that Congress could not recall or impair this right without violating the due process of law clause of the 5th Amendment to the Constitution. ”

“ The trial court, concluding that the tribal law was applicable and preferred maternal relatives, gave judgment for the defendants; but the supreme court of the state held that the Arkansas law was controlling and preferred paternal relatives, so the decision below was reversed, with a direction that judgment be entered for the plaintiff. ”

“ Anterior to the legislation which we must consider, the Creek lands and funds belonged to the tribe as a community, and not to the members severally or as tenants in common. The right of each individual to participate in the enjoyment of such property depended upon tribal membership, and when that was terminated by death or otherwise the right was at an end. ”